Public Service Management (Recruitment and Appointments) Act 2004

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Number 33 of 2004

PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004

ARRANGEMENT OF SECTIONS

Preliminary and General

Section
1.	Short title.
2.	Interpretation.
3.	Establishment day order.
4.	Dissolution of Civil Service Commissioners and Local Appointments Commissioners.
5.	Application.
6.	Extension of application by order.
7.	Excluded positions generally.
8.	Excluded unestablished positions.
9.	Expenses.
10.	Fees.

PART 2

Commission For Public Service Appointments

Chapter 1

The Commission

11.	Establishment of Commission.
12.	Number of commissioners.
13.	Functions of Commission.
14.	Duty to inform Commission of certain matters.
15.	Investigations on behalf of Commission.
16.	Report to Government.
17.	Report to Minister.
18.	Statement of strategy of Commission.
19.	Annual report of Commission.
20.	Seal of Commission, etc.
21.	Declaration of interests by commissioners.
22.	Disclosure of interests by commissioners.

Chapter 2

Codes of practice, listed recruitment agencies, etc.

23.	Codes of practice.
24.	Codes of practice and requirements for appointment, etc.
25.	Listed recruitment agencies.
26.	Tax clearance certificates.

Chapter 3

Office of the Commission

27.	Office of the Commission.
28.	Director.
29.	Director to be accounting officer.
30.	Functions of Director.
31.	Attendance of Director before Oireachtas Committee.
32.	Staff of Office of Commission.

PART 3

Public Appointments Service

33.	Establishment of Public Appointments Service.
34.	Functions of Public Appointments Service.
35.	Statement of strategy of Public Appointments Service.
36.	Board of Public Appointments Service.
37.	Appointment and terms of office of members of Board.
38.	Board members and involvement in political matters, etc.
39.	Chief Executive of Service.
40.	Functions of Chief Executive of Service.
41.	Attendance of Chief Executive of Service before Oireachtas Committee.
42.	Staff of Public Appointments Service.

PART 4

Recruitment Licences and Office Holders

43.	Recruitment licences.
44.	Application for recruitment licences by office holders.
45.	Supplemental provisions on office holders.
46.	Delegation to Public Appointments Service.
47.	Recruitment under Act and other competitions, etc.
48.	Instructions to licence holders.
49.	Advices to licence holders.
50.	Licence holders to advise Commission of certain recruitment.
51.	Amendment of recruitment licences.
52.	Revocation of recruitment licences.

PART 5

Obligations of Candidates in Respect of Recruitment and Selection Procedures

53.	Application (Part 5).
54.	Obligations.
55.	Offences.
56.	Supplemental provision to section 55.

PART 6

Selection and Promotion

57.	Selection for promotion.

PART 7

Ministerial Functions

58.	Matters relating to recruitment, etc.

PART 8

Transitional, Repeals and Consequential Amendments

59.	Definition (Part 8).
60.	Transfer of rights and liabilities and continuance or completion of matters.
61.	Repeals, revocations and amendments.
62.	Saver for certain regulations and rules.
63.	References to dissolved bodies in enactments.
64.	Final accounts of dissolved bodies.

SCHEDULE 1

Scheduled Occupations

SCHEDULE 2

Repeals, Revocations and Amendments Relating to Civil Service Commissioners and Local Appointments Commissioners

PART 1

Repeals and Amendments to Acts

PART 2

Revocations and Amendments to Statutory Instruments

Acts Referred to
Agricultural Appeals Act 2001	2001, No. 29
Arts Act l973	1973, No. 33
Aviation Regulation Act 2001	2001, No. 1
Canals Act l986	1986, No. 3
Civil Legal Aid Act l995	1995, No. 32
Civil Service Commissioners Act 1956	1956, No. 45
Civil Service Regulation Act l956	1956, No. 46
Civil Service Regulation Acts 1956 and l958
Civil Service Regulation Acts 1956 to 1996
Company Law Enforcement Act 2001	2001, No. 28
Competition Act 1991	1991, No. 24
Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
Consumer Information Act 1978	1978, No. 1
Courts Service Act 1998	1998, No. 8
Coroners Act 1962	1962, No. 9
Data Protection Act 1988	1988, No. 25
Defence Act 1954	1954, No. 18
Education Act 1998	1998, No. 51
Electricity (Supply) Act 1927	1927, No. 27
Employment Agency Act 1971	1971, No. 27
Employment Equality Act 1977	1977, No. 16
Employment Equality Act 1998	1998, No. 21
Ethics in Public Office Act 1995	1995, No. 22
European Parliament Elections Act 1997	1997, No. 2
Exchequer and Audit Departments Acts 1966 and 1921
Finance Act 2002	2002, No. 5
Fisheries Act 1980	1980, No. 1
Freedom of Information Act 1997	1997, No. 13
Garda Síochána (Complaints) Act 1986	1986, No. 29
Harbours Act 1946	1946, No. 9
Health Act 1953	1953, No. 26
Health Act 1970	1970, No. 1
Health (Amendment) (No. 3) Act 1996	1996, No. 32
Health (Corporate Bodies) Act l961	1961, No. 27
Health (Eastern Regional Health Authority) Act 1999	1999, No. 13
Houses of the Oireachtas Commission Act 2003	2003, No. 28
Human Rights Commission Act 2000	2000, No. 9
Illegal Immigrants (Trafficking) Act 2000	2000, No. 29
Industrial Relations Act 1969	1969, No. 14
Industrial Relations Act 1990	1990, No. 19
Law Reform Commission Act 1975	1975, No. 3
Local Authorities (Officers and Employees) Act 1926	1926, No. 39
Local Authorities (Officers and Employees) Acts 1926 and 1940
Local Authorities (Officers and Employees) Acts 1926 to 1983
Local Authorities (Officers and Employees) Act 1983	1983, No. 1
Local Government Act 1955	1955, No. 9
Local Government Act 1991	1991, No. 11
Local Government Act 1998	1998, No. 16
Local Government Act 2001	2001, No. 37
Local Government Services (Corporate Bodies) Act 1971	1971, No. 6
National Archives Act 1986	1986, No. 11
National Gallery Establishment (1854)	17 & 18 Vict., c. 99
National Treasury Management Agency (Amendment) Act 2000	2000, No. 39
Official Languages Act 2003	2003, No. 32
Ombudsman Act 1980	1980, No. 26
Patents Act 1992	1992, No. 1
Private Security Services Act 2004	2004, No. 12
Prompt Payments Accounts Act 1997	1997, No. 31
Public Offices Fees Act 1879	42 & 43 Vict., c. 58
Public Service Management Act 1997	1997, No. 27
Refugee Act 1996	1996, No. 17
Registration of Title Act 1964	1964, No. 16
Road Traffic Act 1961	1961, No. 24
Road Traffic Act 2002	2002, No. 12
Sea Fisheries Act 1952	1952, No. 7
Staff of the Houses of the Oireachtas Act 1959	1959, No. 38
Statistics Act 1993	1993, No. 21
Statutory Instruments Acts 1947 and 1955
Superannuation Act 1859	22 Vict., c. 26
Superannuation Act 1942	1942, No. 24
Superannuation Acts 1834 to 1963
Superannuation and Pensions Act 1976	1976, No. 22
Taxes Consolidation Act 1997	1997, No. 39
Taxi Regulation Act 2003	2003, No. 25
Telecommunications (Miscellaneous Provisions) Act 1996	1996, No. 34
Turf Development Act 1946	1946, No. 10
Valuations Act 2001	2001, No. 13
Vocational Education Act 1930	1930, No. 29
Vocational Education Acts l930 to 2001

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Number 33 of 2004

PUBLIC SERVICE MANAGEMENT (RECRUITMENT AND APPOINTMENTS) ACT 2004

AN ACT TO REFORM THE RECRUITMENT AND APPOINTMENT PROCESSES OF THE CIVIL SERVICE AND CERTAIN OTHER BODIES IN THE PUBLIC SERVICE AND FOR THAT PURPOSE, TO PROVIDE FOR NEW MANAGEMENT STRUCTURES TO REPLACE THE CIVIL SERVICE COMMISSIONERS AND LOCAL APPOINTMENTS COMMISSIONERS, TO ESTABLISH THE COMMISSION FOR PUBLIC SERVICE APPOINTMENTS TO OVERSEE THE IMPLEMENTATION AND DEVELOPMENT OF THOSE STRUCTURES IN THE CONTEXT OF THE PUBLIC INTEREST AND THE NEED TO UPHOLD THE PROBITY OF THE RECRUITMENT AND APPOINTMENT PROCESS, TO PROVIDE FOR AN OFFICE CONNECTED TO THAT COMMISSION, TO PROVIDE FOR THE ESTABLISHMENT OF THE PUBLIC APPOINTMENTS SERVICE AS THE RECRUITMENT AND SELECTION BODY FOR THE CIVIL SERVICE AND OTHER BODIES IN THE PUBLIC SERVICE, TO INTRODUCE FLEXIBILITY INTO THE RECRUITMENT PROCESS BY ENABLING THE LICENSING BY THAT COMMISSION, IN ADDITION TO THE LICENSING OF THE PUBLIC APPOINTMENTS SERVICE, OF ANY PART OF THOSE SERVICES TO UNDERTAKE THEIR OWN RECRUITMENT IN RESPECT OF ONE OR MORE CLASSES OF EMPLOYEES AND, GENERALLY, TO ENABLE LICENCE HOLDERS TO DELEGATE SOME OF THEIR RECRUITMENT PROCESSES TO PERSONS OR BODIES SPECIFIED BY THAT COMMISSION FROM TIME TO TIME, TO ENABLE THOSE SERVICES TO RESPOND TO CHANGES IN THEIR RECRUITMENT NEEDS AND IN THE LABOUR MARKET, TO PROVIDE FOR BOTH PERMANENT AND TEMPORARY APPOINTMENTS AND TO PROVIDE FOR PROMOTION PROCESSES, AND FOR THOSE PURPOSES TAKE ACCOUNT OF THE NEED TO MAINTAIN, IN THE PUBLIC INTEREST, THE INTEGRITY AND PROBITY OF BOTH THE RECRUITMENT AND SELECTION PROCESSES FOR THOSE SERVICES AND TO PROVIDE FOR CONNECTED MATTERS.

[6th October, 2004)

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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